MLB, MLBPA Agree To Revised Drug Testing Program, Administrator

Selig Agrees Not To Punish Players Named In Mitchell Report To Reach Drug-Plan Compromise

TOUGHER TESTING: In N.Y., Michael Schmidt reports the revised testing program will "increase the number of random tests, toughen the powers of the administrator who will oversee the testing and ... will leave all players named in the [Mitchell] report free of any suspension or fine." However, active players named in the report will "be forced to do some type of community service designed to educate youths about the dangers of using performance-enhancing drugs." Schmidt wrote MLB now has a "more independent third-party drug administrator than the other major North American sports." The administrator will be "appointed to a three-year term and can be removed only by an arbitrator." Under the old agreement, the administrator could be dismissed "at any point by either party." However, the administrator "will not have input in how the testing policy is designed, a fact that has left some antidoping experts unsatisfied." Lawyers familiar with the matter have said that MLB Commissioner Bud Selig was "reluctant to have no punishment at all" for players who appeared in the Mitchell Report, but that the MLBPA "insisted if it was going to accept Mitchell's recommendations for tougher drug testing, baseball should agree with his recommendation that no one be disciplined." Meanwhile, separate from the agreement, MLB also announced that it will "begin drug testing of the top 200 prospects entering the annual amateur draft" (N.Y. TIMES, 4/12). Fox’ Ken Rosenthal said the “biggest change” to MLB’s drug policy is "increased independence for the program administrator.” Rosenthal: “No longer can he be fired by the whims of the players or owners" (Fox, 4/12).

NOT HERE TO TALK ABOUT THE PAST: Two sources said that in negotiations over the revised testing program, the MLBPA said that it would not consent to any agreement "billed as implementing Mitchell's recommendations'' if it included punishment for the players named in the report.  In L.A., Bill Shaikin reported Selig reserved the right to "fine club officials not represented by the union." Selig said "any fines imposed on management personnel for conduct described in the Mitchell Report" would be donated to two anti-drug organizations. Selig also "specifically reserved the right to impose discipline upon players for criminal convictions" (L.A. TIMES, 4/12). In N.Y., Michael O'Keeffe reported the MLBPA, in return for "amnesty for players whose 'past acts' appeared in the report," agreed to "contribute $200,000 to an anti-drug organization." Players also will be "required to join MLB in efforts to educate young athletes about the dangers of steroid use and will be subject to 600 additional annual drug tests and more offseason testing." Additionally, in an "effort to increase transparency, the administrator will be required to issue annual reports that include the number of tests administered and the number of positive tests that result in discipline." MLB Exec VP/Labor Relations Rob Manfred: "It's important to go back to what Sen. Mitchell said -- independence can be achieved in a number of different ways. We have a doctor with outstanding expertise, we've made a multi-year commitment to him. It's hard to argue he is not independent" (N.Y. DAILY NEWS, 4/12). Brewers P Eric Gagne, who was named in the Mitchell Report, said that "educating youth about the dangers of performance-enhancing substances was a good idea." Gagne: "If you're named or not, the game is at a crossroads. (Education) needs to be done. That was a given. I've got four kids. That's the least we can do" (MILWAUKEE JOURNAL SENTINEL, 4/12).

REAX: In Baltimore, Peter Schmuck wrote it "would be great if we could say that [MLB] put a big punctuation mark on the sport's long-running steroid scandal, but I'll settle for the right decision at the right time for the right reasons." Schmuck: "This was more about finally putting this whole tawdry mess in the rearview mirror" (Baltimore SUN, 4/12). MLB.com's Mike Bauman wrote, "Each and every player named in the Mitchell Report has had his punishment, in terms of a serious and not necessarily temporary stain upon his reputation" (MLB.com, 4/11). YAHOO SPORTS' Tim Brown wrote the new agreement is "progress, for the owners, for the union, for the players, for anyone who'd love to start believing in the game again" (SPORTS.YAHOO.com, 4/11). However, in Chicago, Rick Telander wrote under the header "Amnesty For Drug Cheats Another Misstep By Selig." Telander: "Isn't it nice when you can reap the benefits of a muscled-up home-run race, then wash your hands when it's over? ... What about all the games the drug-using baseball cheats helped their clubs win?" (CHICAGO SUN-TIMES, 4/12).

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